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Search Result: U.S. Supreme Court Cases

Displaying 21  -  40  of  133

Unlawful Reaction to Unlawful Action

March 5, 2013

Let's face it—law enforcement officers sometimes make detentions, arrests, entries, or searches that run afoul of one or more of the hundreds of judicial decisions differentiating "reasonable" and "unreasonable" searches and seizures.

U.S. Supreme Court Considers Death for Sheriff's Killer

February 25, 2013
The U.S. Supreme Court will consider whether a Kansas man's Fifth Amendment self-incrimination rights were violated when medical testimony was used to convict him of killing a sheriff.

Supreme Court Limits Detention Powers In Searches

February 19, 2013
Suffolk County (N.Y.) Police detectives who detained two suspects, while officers searched a dwelling exceeded the scope of their search warrant, the U.S. Supreme Court ruled Tuesday.

Supreme Court Validates K-9 Search

February 19, 2013
A Florida police dog's alert at a traffic stop that led to a van driver's conviction on drug charges established probable cause for the search, the U.S. Supreme Court ruled Tuesday.

Consent Searches

February 5, 2013

Warrantless searches are presumed to be unreasonable, but the U.S. Supreme Court has acknowledged that a warrantless search may still be reasonable under the Fourth Amendment if it falls within the guidelines of one or more of a limited number of exceptions.

Warrantless DUI Tests Head To Supreme Court

January 10, 2013
Supreme Court justices showed unease Wednesday about letting police without a search warrant draw a blood sample from an unwilling drunken-driving suspect, but they also expressed sympathy for the urgency faced by officers in such traffic stops.

Suspect-Initiated Interrogation

January 9, 2013

Once a custodial suspect has been given Miranda warnings and has acknowledged his understanding, he might waive his rights and submit to questioning, or he might invoke—either by indicating that he doesn't want to talk, or by requesting counsel.

Court: Flipping Off Cops Is Constitutional

January 4, 2013
A civilian flipping off a police officer can't be cause for a vehicle stop or arrest, a federal appellate court has ruled. The U.S. Court of Appeals for the 2nd Circuit ruled that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."

Obama's Election Victory and the Supreme Court

December 27, 2012
What is the likely consequence of the re-election of Barack Obama with respect to judicial appointments, as they bear on law enforcement and public safety issues? In our business, we're trained to look for the clues. There are plenty of those to examine.

Entry to Secure

December 10, 2012

As previous "Point of Law" articles have discussed, there are four—and only four—legal justifications for entering private premises. For several reasons, the preferred authority for entry is a judicial warrant.

DNA Case Heads To U.S. Supreme Court

November 12, 2012
A convicted rapist is challenging a Maryland law that allows police to take a DNA sample from violent suspects, arguing his Fourth Amendment privacy rights have been violated.

Expanded Definition of "Search"

November 5, 2012

When the government, in an attempt to get information, "trespasses" on any of the items specifically listed in the Fourth Amendment ("persons, houses, papers and effects"), this constitutes a "search," whether or not there is any infringement of a suspect's legitimate expectation of privacy.

U.S. Supreme Court Hears Fla. Drug Dog Case

October 31, 2012
A suspect's Fourth Amendment right to grow marijuana in the privacy of a home will be tested in a Florida case the U.S. Supreme Court began hearing Wednesday.

Publicity Can Be Costly

October 10, 2012

As private citizens, reporters are not bound by the Fourth Amendment. You are. Private citizens generally can't be sued for violating someone's Fourth Amendment rights. You can. Read on.

13-Year-Old Fla. Boy Charged with Murder

September 18, 2012
A 13-year-old Florida boy faces murder charges as an adult in a case that could provide another test of sentencing rules for juveniles. Cristian Fernandez has been accused of murdering his 2-year-old half-brother and sexually abusing his 5-year-old half-brother.

Lawyers and Miranda Warnings: Either/Or?

September 7, 2012

It sometimes happens that a suspect's lawyer offers to surrender him for arrest and agrees to let his or her client be questioned, provided the lawyer is present during the interrogation.

Immigration Checks

August 2, 2012

Under what circumstances is it permissible to inquire into a person's immigration status? The Supreme Court has addressed this question in several opinions, most recently in its 2012 decision reviewing Arizona's immigration statutes.

Innocent Behavior Can Be Suspicious

July 10, 2012

If you articulate circumstances that are suspicious, based on your training and experience, you should not be second-guessed by judges on the ground that the conduct you considered was just a combination of innocent acts.

3 Exceptions to Warrants for GPS Tracking

July 5, 2012
The U.S. Supreme Court has ruled that law enforcement personnel must obtain a search warrant prior to installing a GPS unit or similar tracking device on a vehicle. Let's review the exceptions to this ruling.

Supreme Court Reins In Ariz. Immigration Law

June 25, 2012
The U.S. Supreme Court gave ammunition to supporters and detractors of Arizona's tough immigration law, which was left partially in tact by a ruling that's not likely to be the final word on the subject.
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